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2. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS,
FRANCE AND BELGIUM
Limitation of Liability: The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of
2. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS,
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
What this Warranty Covers: The following replaces the first sentence of the first
paragraph of this section:
The warranty for an IBM Machine covers the functionality of the Machine for its
normal use and the Machine's conformity to its Specifications.
The following paragraphs are added to this section:
The minimum warranty period for Machines is twelve months. In case IBM or
your reseller is unable to repair an IBM Machine, you can alternatively ask for a
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BladeCenter S Types 7779 and 8886: Power Modules
the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a
maximum amount equal to the charges you paid for the Machine. For purposes
of this item, the term "Machine" includes Machine Code and Licensed Internal
Code ("LIC").
The above limitation shall not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which
IBM is legally liable.
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF,
OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS,
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE
EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
the fulfillment of its obligations under or in connection with this Statement of
Limited Warranty is limited to the compensation of only those damages and
losses proved and actually arising as an immediate and direct consequence of
the non-fulfillment of such obligations (if IBM is at fault), for a maximum
amount equal to the charges you paid for the Machine that has caused the
damages. For purposes of this item, the term "Machine" includes Machine
Code and Licensed Internal Code ("LIC").
The above limitation shall not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which
IBM is legally liable.
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF,
OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS,
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE
EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
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